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Filing # 131282242 E-Filed 07/23/2021 11:23:12 AM
,TH
IN THE CIRCUIT COURT OF THE 17
JUDICIAL CIRCUIT IN AND FOR
PAUL YESBECKAND FRANCES YESBECK, BROWARD COUNTY, FLORIDA
Plaintiffs, CASE NO. CACE 21 007740 DIV 09
VS.
STATE FARM FLORIDA INSURANCE
COMPANY,
Defendant.
i
DEFENDANT STATE FARM'S MOTION TO COMPEL DISCOVERY RESPONSES
Defendant, STATE FARM FLORIDA INSURANCE COMPANY ("STATE FARM")
through its undersigned counsel and pursuant to the Florida Rules of Civil Procedures, moves for
an entry of an Order by this Court compelling the Plaintiffs, PAUL YESBECK AND FRANCES
YESBECK, to respond to Defendant's Interrogatories and Request to Produce, without objection,
and states as follows:
1. This is a claim for coverage wherein Plaintiffs contend that certain damage to their
home as a result of Hurricane Irma is covered under State Farm's policy. State Farm has denied
that there is coverage available under the Policy for said loss.
2. On or about June 16, 2021 STATE FARM served its First Set of Interrogatories
and Request to Produce on Plaintiffs.
3 To date, responses to STATE FARM's interrogatories and request for production
have not been provided. Plaintiffs Have not moved for an enlargement of time; nor, contacted
undersigned seeking an extension of time within which to respond. Undersigned counsel certifies
that it has and/or will continue to confer with Plaintiffs and their counsel to resolve same without
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/23/2021 11:23:11 AM.****
court action. State Farm attaches to this motion a proposed agreed order for Plaintiffs' counsel
review.
4. Nevertheless, there has been undue delay in litigation. STATE FARM is also
prejudiced by Plaintiffs' failure or refusal to respond to the discovery as the litigation process is
unnecessarily prolonged and STATE FARM is forced to expend additional time and attorneys'
fees and impose on this Court's valuable time.
WHEREFORE, STATE FARM, respectfully requests this Court to grant its Motion to
Compel, proposed order attached hereto, and to require the Plaintiff to respond to STATE
FARM'S discovery requests, without objection, within (15) days and for such other and further
relief as the Court may deem appropriate; copy of proposed order appended hereto.
(This space is intentionally left blank)
(Certificateof Service on following page)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that in accordance with the Supreme Court of Florida's
Administrative Order No. AOSC13-49, a true and correct copy of the foregoing has been filed
rd
with the Florida Courts E-Filing Portal this 23ra day of July, 2021 and a copy of same will be
sent directly by the E-Filing Portal via E-Mail to:
Jackson De Souza, Esq., Katranis, Wald,
Garner, PLLC, 501 E. Las Olas Blvd., Suite 200/300, Ft. Lauderdale, FL 33301.
LAW OFFICE OF UBALDO J. PEREZ, JR., P.A.
By: /s/
OamieCCaZWU.E4
Ubaldo J. Perez, Jr., Esq.
Florida Bar No. 710075
Daniella Klein, Esq.
Florida Bar No. 89106
Attorneys for State Farm Insurance
14361 Commerce Way, Suite 201
Miami Lakes, FL 33016
Telephone: (786) 616-8965
Facsimile: (786) 703-3607
For Service of Documents onlv
,TH
IN THE CIRCUIT COURT OF THE 17
JUDICIAL CIRCUIT IN AND FOR
PAUL YESBECKAND FRANCES YESBECK,
BROWARD COUNTY, FLORIDA
Plaintiffs, CASE NO. CACE 21 007740 DIV 09
VS.
STATE FARM FLORIDA INSURANCE
COMPANY,
Defendant.
i
AGREED ORDER ON DEFENDANT'S MOTION TO COMPEL
DISCOVERY RESPONSES
THIS CAUSE comes beforethe Court for consideration on Defendant's Motion to Compel
Discovery. After reviewing the motion and being otherwise fully advised in the premises, the
Court hereby:
It Is ORDERED AND ADJUDGED as follows:
1. Defendant's Motion to Compel Discovery is hereby GRANTED.
2. Plaintiffs shall serve full and complete responses to Defendant's written discovery
within fifteen (15) days from the date of this order.
Done and Ordered in Chambers, at Broward County, Florida this day of
,2021.
CIRCUIT COURT JUDGE
Copies to:
Ubaldo J. Perez, Jr., Esq.;
Jackson De Souza, Esq.,
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Filing # 131282242 E-Filed 07/23/2021 11:23:12 AM ,TH IN THE CIRCUIT COURT OF THE 17 JUDICIAL CIRCUIT IN AND FOR PAUL YESBECKAND FRANCES YESBECK, BROWARD COUNTY, FLORIDA Plaintiffs, CASE NO. CACE 21 007740 DIV 09 VS. STATE FARM FLORIDA INSURANCE COMPANY, Defendant. i DEFENDANT STATE FARM'S MOTION TO COMPEL DISCOVERY RESPONSES Defendant, STATE FARM FLORIDA INSURANCE COMPANY ("STATE FARM") through its undersigned counsel and pursuant to the Florida Rules of Civil Procedures, moves for an entry of an Order by this Court compelling the Plaintiffs, PAUL YESBECK AND FRANCES YESBECK, to respond to Defendant's Interrogatories and Request to Produce, without objection, and states as follows: 1. This is a claim for coverage wherein Plaintiffs contend that certain damage to their home as a result of Hurricane Irma is covered under State Farm's policy. State Farm has denied that there is coverage available under the Policy for said loss. 2. On or about June 16, 2021 STATE FARM served its First Set of Interrogatories and Request to Produce on Plaintiffs. 3 To date, responses to STATE FARM's interrogatories and request for production have not been provided. Plaintiffs Have not moved for an enlargement of time; nor, contacted undersigned seeking an extension of time within which to respond. Undersigned counsel certifies that it has and/or will continue to confer with Plaintiffs and their counsel to resolve same without *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/23/2021 11:23:11 AM.**** court action. State Farm attaches to this motion a proposed agreed order for Plaintiffs' counsel review. 4. Nevertheless, there has been undue delay in litigation. STATE FARM is also prejudiced by Plaintiffs' failure or refusal to respond to the discovery as the litigation process is unnecessarily prolonged and STATE FARM is forced to expend additional time and attorneys' fees and impose on this Court's valuable time. WHEREFORE, STATE FARM, respectfully requests this Court to grant its Motion to Compel, proposed order attached hereto, and to require the Plaintiff to respond to STATE FARM'S discovery requests, without objection, within (15) days and for such other and further relief as the Court may deem appropriate; copy of proposed order appended hereto. (This space is intentionally left blank) (Certificateof Service on following page) CERTIFICATE OF SERVICE I HEREBY CERTIFY that in accordance with the Supreme Court of Florida's Administrative Order No. AOSC13-49, a true and correct copy of the foregoing has been filed rd with the Florida Courts E-Filing Portal this 23ra day of July, 2021 and a copy of same will be sent directly by the E-Filing Portal via E-Mail to: Jackson De Souza, Esq., Katranis, Wald, Garner, PLLC, 501 E. Las Olas Blvd., Suite 200/300, Ft. Lauderdale, FL 33301. LAW OFFICE OF UBALDO J. PEREZ, JR., P.A. By: /s/ OamieCCaZWU.E4 Ubaldo J. Perez, Jr., Esq. Florida Bar No. 710075 Daniella Klein, Esq. Florida Bar No. 89106 Attorneys for State Farm Insurance 14361 Commerce Way, Suite 201 Miami Lakes, FL 33016 Telephone: (786) 616-8965 Facsimile: (786) 703-3607 For Service of Documents onlv ,TH IN THE CIRCUIT COURT OF THE 17 JUDICIAL CIRCUIT IN AND FOR PAUL YESBECKAND FRANCES YESBECK, BROWARD COUNTY, FLORIDA Plaintiffs, CASE NO. CACE 21 007740 DIV 09 VS. STATE FARM FLORIDA INSURANCE COMPANY, Defendant. i AGREED ORDER ON DEFENDANT'S MOTION TO COMPEL DISCOVERY RESPONSES THIS CAUSE comes beforethe Court for consideration on Defendant's Motion to Compel Discovery. After reviewing the motion and being otherwise fully advised in the premises, the Court hereby: It Is ORDERED AND ADJUDGED as follows: 1. Defendant's Motion to Compel Discovery is hereby GRANTED. 2. Plaintiffs shall serve full and complete responses to Defendant's written discovery within fifteen (15) days from the date of this order. Done and Ordered in Chambers, at Broward County, Florida this day of ,2021. CIRCUIT COURT JUDGE Copies to: Ubaldo J. Perez, Jr., Esq.; Jackson De Souza, Esq.,